Title | Citation | Year | Summary | Most Relevant | Type | Status |
Town of Burlington v. Fosby |
6 Vt. 83, Supreme Court of Vermont (January 01, 1834) |
1834 |
The only question presented in this case is, whether one illegitimate child can inherit to another illegitimate child of the same mother. The 77th section of the probate act declares, that Bastards shall also be capable of inheriting and transmitting inheritance on the part of the mother, as if legally begotten of such... |
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Cases |
The case or administrative decision is no longer good law for at least one of the points it contains. |
Town of Exeter v. Town of Warwick |
1 R.I. 63, Supreme Judicial Court of Rhode Island (October 01, 1834) |
1834 |
Before any statute in Rhode Island, relative to the settlement and removal of paupers, the English law on the subject was in force. Under the law relative to the settlement of paupers, the place of birth is the place of legal settlement, if a settlement in no other town has been acquired as provided by statute; and so prima facie by the common law.... |
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Cases |
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Turney v. Williams |
15 Tenn. 172, Supreme Court of Errors and Appeals of Tennessee (August 01, 1834) |
1834 |
This bill is brought by the complainants against the defendant, for an account of his trust as executor. The bill was filed in 1819, and, in 1822, no answer yet having been filed, the cause was continued, by consent of the parties, to await the decision of a suit then pending against the defendant as executor of Peter Turney, deceased. In 1832, o??... |
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Cases |
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U.S. v. Brooks |
4 Cranch C.C. 427, Circuit Court, District of Columbia (March 01, 1834) |
1834 |
This was an indictment for disturbing the congregation of the African meeting-house while engaged in the worship of God. After conviction, the defendant [John Brooks] moved in arrest of judgment. |
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Cases |
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U.S. v. Huertas |
33 U.S. 475, Supreme Court of the United States (January 01, 1834) |
1834 |
APPEAL from the superior court of East Florida. The decree of the superior court of East Florida, confirming a concession of land by governor Kindelan, to the appellee, affirmed. The appellee had obtained a concession for ten thousand acres of land, from governor Kindelan, in March 1813. The petitioner, in his application to the governor, sets... |
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Cases |
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U.S. v. Jackson |
4 Cranch C.C. 483, Circuit Court, District of Columbia (November 01, 1834) |
1834 |
The indictment averred that the defendant [Daniel Jackson], unlawfully, wantonly, and cruelly, in the public street in the city of Washington, in the same county, and in a public place in the city of Washington in said county, and near the public streets of said city, and dwellings of the citizens thereof, and in view of the said streets and... |
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Cases |
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Union Bank v. Toomer |
2 Hill Eq. 27, Court of Appeals of Law and Equity of South Carolina (April 01, 1834) |
1834 |
We do not think it necessary to investigate the first general question made in the Chancellor's decree respecting the validity of the bond executed by the deceased Mrs. Hall to Cochran for the security of Laval's debt, on which the plaintiffs have obtained judgement. Admitting it to be valid, we do not think that the conveyance by Mrs. Hall to the... |
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Cases |
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University of North Carolina v. Cambreling |
14 Tenn. 79, Supreme Court of Errors and Appeals of Tennessee (March 01, 1834) |
1834 |
1st. For the defendant in error it is suggested no writ of error lies from the decree of the chancery court, but only an appeal. By the act of 1801, ch. 6, §§ 42, 43, 44, and 45, the pleadings, consisting of bill, answers, pleas, demurrers, replications, issues of fact, verdicts thereon, and decrees, are ordered to be recorded. By the 42d... |
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Cases |
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Vaughan v. Evans |
1 Hill Eq. 414, Court of Appeals of Law and Equity of South Carolina (January 01, 1834) |
1834 |
The object of this bill is, 1st, to set aside the judgment confessed by Evans to the sureties to the second bond, and the assignment in trust, executed by him to John M. De Saussure; 2nd: To charge certain of the claims against Evans, as Commissioner, to his sureties for his first term of office, instead of his sureties for his second term. I. If... |
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Cases |
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Walden v. Union Bank |
6 La. 248, Supreme Court of Louisiana (March 01, 1834) |
1834 |
APPEAL FROM THE COURT OF THE FIRST DISTRICT. |
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Cases |
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Walker v. May |
2 Hill Eq. 22, Court of Appeals of Law and Equity of South Carolina (March 01, 1834) |
1834 |
It appears to me that the only material question in the case is, whether the judgement obtained by John King against Margaret May and Edward C. Walker, as executors de son tort of Robert May, is valid as against Edward C. Walker, now adm'r. of Robert May, and binds the estate in his hands. It is agreed that Margaret May is dead, so that, in any... |
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Cases |
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Ward v. Stow |
2 Dev.Eq. 509, Supreme Court of North Carolina (June 01, 1834) |
1834 |
The enquiries which this case presents are exceedingly unpleasant, but so far as the purposes of justice require, they must be prosecuted to their legitimate result. The first of these enquiries is, whether the division complained of and sought to be reformed, be erroneous or correct. On the part of the complainant, it is insisted that the last... |
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Cases |
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Watkins v. Crouch |
5 Leigh 522, Supreme Court of Appeals of Virginia (December 01, 1834) |
1834 |
(Absent Brockenbrough, J.) In an action against maker and indorser of a note negotiable and payable at the Farmers Bank of Virginia, it is not necessary to aver and prove due presentation of the note and demand of payment at that bank, in order to entitle plaintiffs to recover of the maker, but it is necessary, in order to entitle them to recover... |
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Cases |
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Watkins v. Watkins' Heirs |
15 Tenn. 283, Supreme Court of Errors and Appeals of Tennessee (June 01, 1834) |
1834 |
Susan W. Watkins sued in the chancery court, by bill, for dower and a distributive share of the estate and goods of her late husband, Dr. Thomas G. Watkins, who, in the year 1829, died intestate and without issue. The brothers and sisters of Dr. Watkins are made defendants, being the heirs and distributees; his administrator, Osburn R. Watkins, is... |
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Cases |
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Welch v. Jamison |
1 Howard 160, High Court of Errors and Appeals of Mississippi (July 01, 1834) |
1834 |
A plea should present but a single distinct ground of defence, to which the other party may reply, or upon which he may take issue; otherwise it will be defective and demurrer will be sustained. A justice of the peace, in a case depending by attachment before him, has no power to order the property attached to be delivered to the plaintiff in the... |
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Cases |
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Wells v. Bowling's Heirs |
2 Dana 41, Court of Appeals of Kentucky (April 09, 1834) |
1834 |
FROM THE CIRCUIT COURT FOR MASON COUNTY. Agreed case. Upon an issue of no assets to an action of debt against the heirs of Bowling, an agreed case was framed showing, in substance, that there was a prior suit against them, by another creditor, for an unliquidated balance --the amount claimed being more than the whole amount of assets if any; and... |
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Cases |
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Wheaton v. Peters |
33 U.S. 591, Supreme Court of the United States (January 01, 1834) |
1834 |
APPEAL from the circuit court of the United States for the eastern district of Pennsylvania. The case as stated in the opinion of the court was as follows: The complainants in their bill state, that Henry Wheaton is the author of twelve books or volumes, of the reports of cases argued and adjudged in the supreme court of the United States, and... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
Wilson v. Proctor |
6 La. 523, Supreme Court of Louisiana (May 01, 1834) |
1834 |
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. |
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Cases |
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Wynne v. Wright |
1 Dev. & Bat. 19, Supreme Court of North Carolina (December 01, 1834) |
1834 |
Under the act of 1822, (Taylor's Rev. ch. 1129,) a person who carries jewelry from county to county for sale, is liable to the tax of twenty dollars imposed upon pedlars. The act imposing a tax upon itinerant dealers in jewelry, is not repugnant to the Constitution of the United States, although the jewelry may have been imported from another... |
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Cases |
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Armstrong v. Martin |
1 Dev. & Bat. 397, Supreme Court of North Carolina (December 01, 1835) |
1835 |
Upon the construction of the will, the Court does not doubt, that under the terms, raised and taken care of, and educated, which are all used by the testator, the board, clothing, and tuition of the three grand-children, are all to be provided for, while at school during their minority. It is not deemed so clear that a similar bounty is... |
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Cases |
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Askew v. Reynolds |
1 Dev. & Bat. 367, Supreme Court of North Carolina (December 01, 1835) |
1835 |
This was a controversy between a purchaser at execution sale, representing a judgment creditor, and a purchaser from an assignee of the debtor, whether the transfer of the debtor was fraudulent and void, as against the creditor. There are cases, in which the legal conclusion of fraud is inferred directly from certain acts, but there are many... |
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Cases |
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Bailey v. Wilson |
1 Dev. & Bat.Eq. 182, Supreme Court of North Carolina (December 01, 1835) |
1835 |
If, to prevent a contest about the probate of their father's will, certain brothers execute articles of agreement among themselves, providing for a more equal distribution of their father's estate, than that contained in his will, such agreement will not be considered as voluntary and without consideration, but will be enforced in equity, as a fair... |
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Cases |
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Bank of Georgia v. Higginbottom |
34 U.S. 48, Supreme Court of the United States (January 01, 1835) |
1835 |
APPEAL from the circuit court of the United States for the district of South Carolina. The appellants, on the 4th of April 1827, filed their bill in the circuit court of the United States, for the district of South Carolina, to set aside a judgment, or postpone the effect of the same, which had been confessed by William S. Gillett, in the Barnwell... |
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Cases |
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Bank of Louisiana v. Stansbury |
8 La. 257, Supreme Court of Louisiana (April 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE SECOND JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. |
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Cases |
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Bank of Virginia v. Craig |
6 Leigh 399, Supreme Court of Appeals of Virginia (May 01, 1835) |
1835 |
Bill in equity, by a ward against a guardian, his sureties, and Bank of Virginia, alleges waste of ward's estate by guardian, and prays an account of the guardianship, and a decree for the balance found due, and alleges that the guardian's sureties insist, that the bank is primarily responsible for certain bank stock embezzled by the guardian,... |
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Cases |
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Bartlett v. Thynes |
2 Hill Eq. 171, Court of Appeals of Law and Equity of South Carolina (February 01, 1835) |
1835 |
It appears that the late Thomas Wurtz was a weak man and so habituated to intoxication as to render him incapable of managing his own affairs. The Honorable Wm. Johnson, Judge of the Supreme Court of the United States, for some time kindly took care of him and his affairs, and protected him from injury by others. It being inconvenient to him to... |
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Cases |
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Battle v. Bering |
15 Tenn. 529, Supreme Court of Errors and Appeals of Tennessee (March 01, 1835) |
1835 |
First, as to the effect of the decree. By the act of 1787, ch. 22, § 2, it is enacted that, in all cases where decrees may have been made in any suit in equity in any of the courts of this state, or shall hereafter be made, for any sum or sums of money, it shall and may be lawful for execution to issue thereon against the defendant's... |
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Cases |
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Baylor v. Scott |
2 Port. 315, Supreme Court of Alabama (June 01, 1835) |
1835 |
This was a proceeding instituted by motion in the Circuit Court, by the plaintiff in error, against the defendant, as late sheriff of Jefferson county, for failing to pay over to said plaintiff in error, who was defendant in an execution, a certain sum of money, which it was alleged said sheriff had levied and collected out of the plaintiff's... |
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Cases |
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Beall v. Deale |
7 G. & J. 216, Court of Appeals of Maryland (December 01, 1835) |
1835 |
I bequeathed the residue of his personal estate to his children and grand-children, and after expressing his expectation in his will, that E would leave her real estate to his son B, declared, that in case she should devise, or otherwise convey her real estate to any other of his legatees, than the said B and his heirs, that such legatee should... |
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Cases |
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Bedford v. Urquhart |
8 La. 234, Supreme Court of Louisiana (April 01, 1835) |
1835 |
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF ORLEANS. |
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Cases |
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Benoit v. Benoit's Heirs |
8 La. 228, Supreme Court of Louisiana (April 01, 1835) |
1835 |
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. |
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Cases |
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Berluchaux v. Berluchaux |
7 La. 539, Supreme Court of Louisiana (January 01, 1835) |
1835 |
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. |
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Cases |
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Bird v. Graham |
1 Dev. & Bat.Eq. 168, Supreme Court of North Carolina (December 01, 1835) |
1835 |
The inquiry which the Court directed, has been made. To the commissioner's report is annexed the receipt, the character of which we wished to ascertain, and that manifestly does not comprehend the plaintiff's or the plaintiff's wife's undivided interest in Oney. It follows upon a statement in which the plaintiff is credited solely for his share of... |
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Cases |
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Boree v. Kellar |
7 La. 500, Supreme Court of Louisiana (January 01, 1835) |
1835 |
APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. |
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Cases |
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Brooks v. Lewis |
1 Howard 207, High Court of Errors and Appeals of Mississippi (January 01, 1835) |
1835 |
The personal property of a deceased debtor in the hands of a distributee, after distribution made, is liable to the satisfaction of a judgment obtained against an administrator. |
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Cases |
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Bryson v. Nickols |
2 Hill Eq. 113, Court of Appeals of Law and Equity of South Carolina (January 01, 1835) |
1835 |
I came to a decided opinion on this case, at the hearing, and regret I did not then pass a decretal order on it, and thus have prevented unnecessary delay. The Legislature seems, however, to have required that decrees should be accompanied with the reasons of the Court. Intending to give my reasons with the decree, I took time for that purpose; and... |
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Cases |
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Burr's Ex'rs v. Smith |
7 Vt. 241, Supreme Court of Vermont (February 01, 1835) |
1835 |
The case before us is not only important on account of the principles which are to be decided, but also as it decides the right to property of some amount. It was argued two years since; but the court did not think proper, on the first argument, to decide a case, where the principle involved was so important, and where the decisions in the several... |
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Cases |
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Byrd v. State |
1 Howard 247, High Court of Errors and Appeals of Mississippi (July 01, 1835) |
1835 |
The clerk of the court of probate is the proper certifying officer of all records of the old county court. A party may elect the order, in the introduction of his testimony, unless a foundation must previously be laid for the introduction of secondary evidence. When all the preliminaries to trial, in state prosecution, have been duly performed by... |
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Cases |
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Camden & Amboy R.R. & Transp. Co. v. Burke |
13 Wend. 611, Supreme Court of Judicature of New York (January 01, 1835) |
1835 |
A company using steamboats and railroads for the transportation of passengers and their baggage, are liable as common carriers for damages happening to the baggage of passengers from a defect in the vehicles or machinery used, although the company is not chargeable with actual negligence or want of skill, or want of care in securing the safety of... |
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Cases |
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Camden & Amboy R.R. & Transp. Co. v. Burke |
13 Wend. 611 (January 01, 1835) |
1835 |
Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a... |
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Trial Court Orders |
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Campbell v. Shields |
6 Leigh 517, Supreme Court of Appeals of Virginia (July 01, 1835) |
1835 |
A debtor owing a debt presently due, agrees to give the creditor his bond for it payable at a future day, and to add to the debt, and insert in the bond, a sum equal to 5 per cent. on the debt, to cover commission which the creditor might be compelled to pay an agent for collection; and the bond is given accordingly, for the aggregate including the... |
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Cases |
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Canal Bank v. Copland |
8 La. 577, Supreme Court of Louisiana (June 01, 1835) |
1835 |
APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS. |
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Cases |
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Carter v. Wilson |
1 Dev. & Bat. 362, Supreme Court of North Carolina (December 01, 1835) |
1835 |
When a record from one state of our Union, is declared on, or pleaded in bar in another, the only proper plea or replication, is nul tiel record; and that, both as to its existence and effect, is to be passed on by the Court upon inspection, and not by the jury. What is the effect of an entry in the record of a suit in Virginia, that by consent of... |
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Cases |
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Catlett's Ex'r v. Russell |
6 Leigh 344, Supreme Court of Appeals of Virginia (April 01, 1835) |
1835 |
I have never had a doubt, that an executor cannot be charged in detinue, merely on the possession of, and detention by, the testator. The thing sued for, which is demanded in specie, must have come to the hands of the executor himself, and be detained by him, to justify an action of detinue against him. 1 Chitt. Plead. 120. 1 Wms. Saund. 216. a.... |
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Cases |
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Chouteau's Heirs v. U.S. |
34 U.S. 147, Supreme Court of the United States (January 01, 1835) |
1835 |
APPEAL from the district court of the United States for the district of Missouri. Under the authority of an act of congress, entitled an act enabling the claimants of lands within the limits of the state of Missouri, and the territory of Arkansas, to institute proceedings to try the validity of their claims, the appellants, on the 18th of May... |
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Cases |
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Church v. Chambers |
3 Dana 274, Court of Appeals of Kentucky (October 10, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR JEFFERSON COUNTY. About the last of May, 1831, William Chambers, now defendant in error, brought a suit in chancery, in the Jefferson Circuit Court, against the plaintiffs in error--some as owners and others as officers of the steam boat Magnolia, for the purpose of recovering damages charged to have accrued to him, in... |
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Cases |
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Clancy v. Overman |
1 Dev. & Bat. 402, Supreme Court of North Carolina (December 01, 1835) |
1835 |
Where a party incurs an obligation by his own act, he will be bound to the extent of his engagement, and will not be excused for its non-performance by accident from inevitable necessity, as he would be, if the obligation were imposed upon him by law. And for the breach of such voluntary engagement, the extent of the injury forms the proper measure... |
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Cases |
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Colclough v. Ingram |
3 Hill (SC) 10, Court of Appeals of Law and Equity of South Carolina (December 01, 1835) |
1835 |
Where a party resides out of the State, notice of an application to examine witnesses, residing out of the State, may be given to his Attorney. |
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Cases |
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Cole v. Hebb |
7 G. & J. 20, Court of Appeals of Maryland (June 01, 1835) |
1835 |
In an action of replevin brought by G, as executor of W, to which upon the death of G, the administrator de bonis non of W was made a party, the widow of W was offered as witness for the plaintiff. She released to the plaintiff and the distributees of her husband, all claim to any part of the property replevied. The administrator de bonis non... |
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Cases |
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Coleman v. Coleman |
3 Dana 398, Court of Appeals of Kentucky (October 16, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR FAYETTE COUNTY. Statement of of the case. The last will of Henry Coleman, who died about the commencement of the year 1808, contains the following clauses:--Imprimis, my will and desire is, that my wife Mary shall have possession of all my estate, both real and personal, during her widowhood, or natural life, for... |
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Cases |
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